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(a) the Equal Pay Act 1970,
(b) the Sex Discrimination Act 1975,
(c) the Race Relations Act 1976, and
(d) the Disability Discrimination Act 1995.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
Interpretation
"Equal opportunities" means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.
"Equal opportunity requirements" means the requirements of the law for the time being relating to equal opportunities.
L3. Control of Weapons Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
Exceptions
(a) section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and
(b) the Term and Quarter Days (Scotland) Act 1990.
1 (1) This Schedule does not reserve any Welsh public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.
(2) Sub-paragraph (1) has effect as regards—
(a) the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b) conferring or removing any functions specifically exercisable in relation to the authority.
(3) Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.
(4) An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.
2 Paragraph 1 of Part I of this Schedule does not reserve any Welsh public authority with functions none of which relate to reserved matters (referred to in this Act as a Welsh public authority with no reserved functions).
(a) its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,
(b) conferring functions on it or removing functions from it,
(c) conferring or removing any functions specifically exercisable in relation to it.
(2) This paragraph applies to—
(a) a body reserved by name by Part 2 of this Schedule,
(b) each of the councils reserved by section C12 of that Part,
(c) the Commission for Racial Equality, the Equal Opportunities Commission and the National Disability Council.
Financial assistance to industry
4 (1) This Schedule does not reserve giving financial assistance to commercial activities for the purposes of promoting or sustaining economic development or employment.
(2) Sub-paragraph (1)—
(a) does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,
(b) does not apply to Part 1 of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,
(c) is without prejudice to the exceptions from the reservations in sections E2 and E3 of Part 2 of this Schedule.
(3) Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.
5 (1) References in this Schedule to the subject matter of any enactment are to be read as references to the subject matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.
(2) Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).'.
Mr. Williams: The purpose of the amendment and the new schedule is to redefine the legislative competence of the Welsh Assembly, as an alternative to how that will be achieved by clause 93 and schedule 5. Clause 93 sets out the extent of the Assembly's powers to make Measures. It provides that the legislative competence of the Assembly can be altered by an Order in Council, thereby amending a matter in a field of schedule 5. However, subsection (2) of clause 93 states that if an Assembly Measure makes a provision outside the Assembly's legislative competence, it has no legal effect. Similarly, subsection (2) of clause 94 states that a field cannot be added to schedule 5 if it is one in which no functions are exercisable by Welsh Ministers, the First Minister or the Counsel General.
In our opinion, that will limit the vital primary powers that we want, and that Scotland has already, over policing, administration of justice in magistrates courts and the Prison Service. Clause 93 and schedule 5 give the Assembly no powers over those important issues. Following the consultation on the future of police authorities in Wales, it was obvious that it was vital for the Assembly to have extra powers over the police. The consultation process was an absolute sham, because after three weeks we were told by the Secretary of State that there was only one option—a single police authority.
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